Minutes of Conservation Commission Public Meeting
Date: August 19, 2009
Time: 4:00 pm
Location: Town Hall Hearing Room
Commissioners Present: Co-Chair Ginie Page, John DiBlasio, Terry Gips, Trudy Vermehren and Ed Simpson.
Regrets: Patrick Winslow
Staff Present: Agent Hillary Greenberg, Assistant Agent Andrew Petty, and Christine Bates, Committee Secretary
timeMinute0Hour164:00 - Business Meeting & Conservation Agent's Report
Ginie Page opened the meeting at 4:10 pm.
Andrew Petty reported he had attended the 8/12/09 NStar herbicide spraying meeting which covered their 5 year cycle on mowing and herbicide spraying. NStar stated they will use the lowest concentration of herbicides. FAC and NARC are the two regulatory agencies that determine the height of the vegetation, etc. Petty stated there were representatives and scientists speaking to satisfy the concerns of the citizens. If everything works to the optimum, the invasive plants will be eliminated. The spraying will be done by hand.
Jurisdictional Opinions:
Art Gallery, Map 21, Parcel 106, Kendrick Avenue, requesting a removable ramp and a landing for handicapped access. The ramp will be removed in the winter. John DiBlasio moved to grant the Jurisdictional Opinion; seconded by Terry Gips; passed 5-0.
Galant, 96 Sandpiper Hill, dead locust tree to be removed. Terry Gips moved to grant the Jurisdictional Opinion; seconded by John DiBlasio; passed 5-0.
MA Audubon, install 3 to 6 medium sized boulders off Old Wharf to eliminate people driving over the marsh. John DiBlasio moved to approve the Jurisdictional Opinion; seconded by Terry Gips; passed 5-0.
Other Business
There was discussion regarding the number of kayaks in the harbor area and what erosion is created to the grasses or beach areas when the kayaks are left on the beach.
Agent Greenberg stated the grant has been executed for the Mayo Creek Restoration project. She stated water samples will be taken within the next two weeks as well into September. She will send letters to the abutters letting them know it will be taking place.
Agent Greenberg and Andrew Petty attended a conference on fresh water algae. If any algae is discovered in any of the fresh water ponds, they are to report their findings to the Dept. of Public Health. Agent Greenberg will draft a letter to the Beach Department requesting showers be installed at the ocean beaches to help eliminate substances being transferred from the ocean to fresh water ponds.
5:07 Public Hearings
5:07 pm
Lt. Island Beach Renourishment: Don Monroe from Coastal Engineering gave a presentation on the Drew, Collins, and McLaughlin proposed beach restoration plans.
DREW: Monroe stated beach profiles were done in June 2009 and in 1994 on the Drew property and there was a six (6) inch reduction in sand elevation. Monroe stated the order of conditions did not mention the integrity of the revetment walls. Monroe stated he would like to do another profile in September as called out in the Order of Conditions. He gave the definition of a “beach” and he calculates that renouirishment in the amount of 40 cubic yards would be required. Monroe feels he is still in compliance. He stated there is currently 4 to 6 inches of sand covering the toe stones and feels a Certificate of Compliance could be issued with a condition that beach nourishment be done.
COLLINS: Monroe stated he was not sure who built the revetment extension on the Collins property closest to Thaler’s property because there are no adequate records. There are beach profiles from 1988 with a sand elevation of 6.0 N A V D and the profile in June 2009 shows elevation 4.0 N A V D; therefore there is a 2 foot drop in sand. He referred to the 10 to 1 slope desirable by Natural Heritage, which would require 165 yards of sand renourishment (due to different engineering techniques at the time) but he feels the revetment is still structurally sound. Monroe asked the commission to consider issuing a Certificate of Compliance with a condition that renourishment be done which would bring the Collins into compliance.
McLAUGHLIN: (previously owned by Knight). Monroe stated there are records that David Knight renourished his beach prior to the McLaughlin’s purchase of the property. A zig zag wall was built in 1988 and beach renourishment was performed by EZ Doze It. A Certificate of Compliance was issued for this project. Additional renourishment took place in 1990. A Certificate of Compliance was issued for SE77-599 for work that was never started on proposed gabion work. In 1994 a new NOI was filed to replace the zig zag wall with a revetment which was approved. Based on photographs and data, this beach is in compliance with plenty of sand and Monroe feels a Certificate of Compliance should be issued.
Town Counsel, Betsy Lane, stated the Commission could work with people who have expired Orders of Conditions and previously issued Certificate of Compliance as long as the owners are willing to do renourishment.
Don Nagle, Attorney for Warren Woods, asked if or when a response would be coming from the other neighbors and Agent Greenberg stated Doris Olive provided a letter stating she is compliance, and Martin Reilly was issued a ticket for not responding to the Commission and not providing an engineering plan. He requested the Commissioners not make any decisions at this hearing so his client could review the information. Nagle provided a 1994 letter from DEP for property owned by the Armstrong’s requesting profiles be performed on the beach based on Chapter 91 and a 1994 profile was provided identifying a drop in the profile between the years. Monroe stated the data on this profile has nothing to do with the properties identified tonight and that the scale is not the same. Nagle stated he would
like to see a specific plan to bring the sand elevation to the previous elevation of 1994 prior to the building of the revetments.
Dennis Murley representing MA Audubon, stated the Audubon is concerned with the barrier reefs, and he stated there really isn’t a beach in the area anymore because you can see the high tide mark on the revetments. Mr. Brimm stated DEP chose not to take further action regarding the letter written in 1994.
Randy Carpenter stated the nesting birds are not surviving the high tide now, and questioned what solutions were in place to stabilize the beaches. Coastal Engineering responded that erosion is definitely happening and they would like to maintain the 1994 baseline elevation. Mr. Woods stated he would like to have renourishment done on all properties. Fred Armstrong stated storms eroded the beaches over three feet each year prior to any revetment construction.
Attorney Betsy Lane stated the Commission cannot inherit any wrong doing with allowing revetments in the past and that they cannot control nature. She stated the Commission should reach a reasonable, good faith decision, continue monitoring the beach elevations and keep looking for solutions.
6:55 pm
Currier – McCormick, 1025 Cheq. Neck Rd., Map 19, Parcel 92, Certificate of Compliance. A site visit was made and the work is complete. Trudy Vermehren moved to issue the Certificate of Compliance; seconded by Terry Gips, passed 5-0.
6:58 pm
O’Neil, 1025 Chequessett. Neck Rd., Map 19, Parcel 92.9, Certificate of Compliance. A site visit was made and the work is complete. Trudy Vermehren moved to issue the Certificate of Compliance; seconded by Terry Gips; passed 5-0.
7:03 pm
Juno Beach LLC, 107 Samoset Ave., Map 28, Parcel 109, NOI, Reconstruct beach access stairs. Don Monroe represented the applicant and it was recommended a bench mark elevation be placed for yearly monitoring for potential renourishment. Terry Gips moved to approve the NOI; seconded by John DiBlasio; passed 5-0.
7:06 pm
Wellfleet Preservation Hall, NOI, 335 Main Street, Map 14, Parcel 173, renovation to buildings and add pervious pavers for driveway (Cont’d from 07/15/09). The Commission requested a representative of the Town be invited to the preconstruction site visit. Trudy Vermehren moved to approve NOI; seconded by John DiBlasio; passed 5-0.
7:08 pm
LaPoint, RDA, shellfish grant (Cont’d from 07/15/09) The letter from the Army Corp has not been received. John DiBlasio moved to continue to 9/2/09; seconded by Terry Gips; passed 5-0.
7:10 pm
Pyles, NOI, Map 41, Parcel 121, 110 Bayberry Lane, new dwelling (Cont’d from 07/15/09). At the request of the applicant, John DiBlasio moved to continue to 9/16/09; seconded by Terry Gips; passed
5-0.
7:11 pm
Deck 2 Condo Assoc., 1780 Rte 6, Map 29, Parcel 1, Request for 3 year extension. Agent Greenberg stated this is a phased approach for installation. Johh DiBlasio moved to approve a two year extension; seconded by Ed Simpson; passed 5-0.
7:12 pm
Collins, 51 9th St., Map 40, Parcel 156, NOI, deck and stairs. At the request of the applicant, Terry Gips moved to continue to 9/16/09; seconded by Ed Simpson; passed 5-0.
6:35 pm
Thaler, 250 Meadow Ave W., Map 40, Parcel 158, NOI, sandbags and drift fencing (Cont’d from 07/15/09). Attorney Sarah Turano-Flores gave an overview of the materials to be used, reducing the amount of coir envelopes. A draft letter from NHESP was received advising the applicant identify the vegetated areas and identify the work limit. The plan is for 18” elevation of sand renourishment to be performed in the early spring. A $12,000 contribution will be made to study terrapins on Cape Cod per a requirement from NHESP, as well as an escrow account for the removal of the coir envelopes if they are not maintained. The Commission stated they must wait for the formal signed letter from NHESP. Terry Gips moved to continue to September 2, 2009, seconded by John DiBlasio;
passed 5-0.
7:15 pm
Huss, 170 Meadow Ave W., Map 40, Parcel 132, RDA, construct dwelling. Gordon Peabody represented the applicant and gave an overview of the project as presented in the paperwork. Terry Gips identified the RDA as a Negative 1; seconded by Trudy; passed 5-0.
7:25 pm
Wellfleet Market, 295 Main St., Map 14, Parcel 181, Request for 3 year extension. Katelyn Siddell represented the applicant. Agent Greenberg stated the Board of Health issued an enforcement letter for system failure. Based on the urgency to get the system installed because of the location, John DiBlasio moved to approve a four (4) month extension; seconded by Terry Gips; passed 5-.0.
7:35 pm
Schiffrin, 174 Samoset Ave, Map 28, Parcel 89, AOOC, reconstruct cottages within same footprint. Katelyn Siddell represented the applicant and the amendment is to replace the two cottages on the same footprint. The cottages will be elevated in order to comply with the building code related to the flood zone. The landscaping plan has been slightly modified with beach grass replacing the proposed love grass. Terry Gips moved to approve the Amended Order of Conditions, seconded by John DiBlasio; passed 5-0.
Trudy Vermehren moved to adjourn at 7:45 am ; seconded by John DiBlasio; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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